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A. Purpose. To improve the economic feasibility of a property designated on the historic register, the owner of the property may apply for a conditional use permit for an adaptive use of the designated property.

B. Procedures. The city shall process an adaptive use application as an application for a conditional use permit in accordance with the Type III-A review process of BMC 21.10.120. If the adaptive use proposed by the owner of the property requires modification of the property, the owner must first obtain a certificate of alteration as provided for in BMC 17.90.060.

C. Criteria. In considering an application for a conditional use permit for an adaptive use, the hearing examiner shall grant the permit if all of the following criteria are met:

1. Because of the nature of the historic property, restricting the property to just permitted uses creates an unfair burden on the owner;

2. The proposed use is reasonable in light of other alternatives available to achieve the objectives of the owner and the applicant;

3. The proposed use change complies with the requirements of the city’s land use ordinance, including the conditional use section, and is consistent with the applicable neighborhood plan; and

4. The proposed use change is necessary to enable the owner or applicant to obtain a reasonable return on the site, improvement or object. [Ord. 2005-12-094].